State v. Escambia County

52 So. 2d 125, 1951 Fla. LEXIS 1309
CourtSupreme Court of Florida
DecidedApril 17, 1951
StatusPublished
Cited by23 cases

This text of 52 So. 2d 125 (State v. Escambia County) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Escambia County, 52 So. 2d 125, 1951 Fla. LEXIS 1309 (Fla. 1951).

Opinion

52 So.2d 125 (1951)

STATE
v.
ESCAMBIA COUNTY.

Supreme Court of Florida, en Banc.

April 17, 1951.

*126 J. Edwin Holsberry, Pensacola, for appellant.

Yonge, Beggs & Lane, Pensacola, and Mitchell & Pershing New York City, for appellee.

CHAPMAN, Justice.

On January 15, 1947, the United States of America conveyed to the County of Escambia, of the State of Florida, a described tract of land situated on Santa Rosa Island and comprising some 4800 acres, more or less. Written into and made a provision of the aforesaid deed was that the County of Escambia shall retain and always use the same for such purpose "as it shall deem to be in the public interest or be leased by it from time to time in whole or in part to such persons and for such purposes as shall be deemed in the public interest." Escambia County, under the conditions of said conveyance, is authorized to convey the described property back to the Federal Government or to the State of Florida or any agency thereof.

Situated on the aforesaid lands conveyed to Escambia County are attractive beaches. If adequate facilities were afforded for the use of the beaches the Santa Rosa Island beaches could be used as a recreational center for the general public now residing *127 in the Escambia County area, and, additional thereto, would if developed attract many tourists at all seasons of the year to the area, thereby promoting the business and economic interests of the community. Accordingly, the Legislature of the State of Florida enacted Chapter 24500, Special Acts of 1947, Laws of Florida. This Act provides for the development of the project and authorizes the issuance of revenue certificates to accomplish the purposes provided for therein. It creates an agency functioning under the direction of the Board of County Commissioners to supervise and manage the development thereof.

Section 2 of Chapter 24500, supra, authorizes Escambia County to develop many projects to be located on Santa Rosa Island in behalf of the public interest. Subsection (2) of Section 2 of Chapter 24500 authorizes the County of Escambia "to purchase, construct, extend, improve, own, maintain, insure and operate, either itself or by contract or lease with individuals, firms or corporations, all or any of the following: Toll or free bridge or bridges across Santa Rosa Sound and any other waters or swamps and lowlands adjacent to or a part of the Island; boats and car ferries to and from the Island; ports, harbors, airports for land or seaplanes, and shipping and airport facilities on the Island or elsewhere in connection with service to and from the Island; board walks, sea walls, breakwaters, bulkheads, causeways, wharves, docks, piers, yacht basins and jetties; sewerage systems, water systems, fire fighting systems and equipment, power lines and cables, gas systems and any other utilities desirable or convenient for the development and service of the Island and persons, businesses and improvements thereon; streets, roads, alleyways, sidewalks and other public ways; parks, playgrounds, recreation and amusement buildings and centers, bathing beaches, bath houses, swimming pools, auditoriums, theaters, churches, houses of worship, pavilions, athletic fields, golf courses, and other buildings and places of all kinds for the assembly, entertainment, health, welfare and recreation of the public; hotels, restaurants, eating places, cottages, homes, dwellings, tourist camps and other places of lodging and eating places of all kinds, taxi cabs, busses and transportation systems; office and store buildings, warehouses, depots, stations, and all other kinds of business or commercial properties; administration buildings and offices for use of the County Commissioners or the Authority."

The Board of County Commissioners of Escambia County, Florida, under Subsection (4) of Section 2, supra, is granted the power to borrow money and issue revenue bonds or certificates for the purpose of defraying costs of purchasing, acquiring, constructing or improving the property. The bonds or certificates so issued shall not be construed to be a debt of the County of Escambia or the State of Florida. The Act further provides that the obligations so issued and sold shall be retired or paid from the revenues derived from the operation of the improvements, projects and things, or one or more of them, situated on the lands conveyed to Escambia County, which may be pledged to retire or pay the same.

Pursuant to law, the Board of County Commissioners of Escambia County, Florida, on November 20, 1950, adopted a resolution authorizing the issuance of revenue bonds designated "Santa Rosa Island Facilities Revenue Bonds" in the amount of $1,220,000.00. The bonds are to be dated October 1, 1950, in denominations of $1,000.00 each, bearing interest at the rate of 4% per annum, due and payable on the first days of April and October of each year. The bonds to be issued will mature annually in designated amounts beginning in 1953 and continuing through the year 1970. The money arising from the sale of the aforesaid bonds shall be used or applied only to the objects or projects designated in the aforesaid resolution and none other.

The record reflects obligations now outstanding and previously issued by Escambia County and the Santa Rosa Island Authority and the proceeds therefrom used in the purchase or development of designated projects on Santa Rosa Island. The Board and Authority acquired: (1) the Pensacola Beach Casino, Inc., at a cost of $124,000.00; (2) effected a cancellation of a lease of a portion of the Santa Rosa Island property as held by the Southern Caterers, Inc., *128 at a cost of $4,500.00; (3) the sum of $125,000.00 has been expended in financing the subdividing and grading of a portion of the Santa Rosa Island and the construction of streets and other improvements thereon. The indebtedness supra is to be refinanced out of the proceeds of the sale of the $1,220,000.00 worth of revenue bonds and the Board intends to utilize the remaining amount of the issue in the additional and further improvement of the Pensacola Beach Casino so that it will be attractive to the tourist trade and to provide facilities to house and accommodate all visitors to the recreational center.

Petitioner-appellee filed in the Circuit Court of Escambia County, under the provisions of Chapter 75, F.S.A., its petition praying for a decree of validation of the certificates of indebtedness and attached thereto, and by appropriate allegations made a part of the petition, was a copy of the resolution adopted by the Board of County Commissioners of Escambia County, Florida, dated November 21, 1950. An order was made by the Circuit Court upon the filing of the petition as prescribed by the provisions of Section 75.05, F.S.A. An answer was filed, a hearing was had in the court below on the issues made by the pleadings, and on final hearing a decree of validation was entered. The State of Florida appealed.

The State of Florida contends on this appeal that the lower court erred in striking from the record on the ground of their legal insufficiency the following portions of the amended answer of the State of Florida addressed to the petition praying for validation of the bonds:

"4.

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Bluebook (online)
52 So. 2d 125, 1951 Fla. LEXIS 1309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-escambia-county-fla-1951.